British-Bangladeshi Forum seeks EC clarity on dual citizens’ election eligibility

The forum argues that constitutional provisions, later amendments and citizenship laws recognise British-Bangladeshis as lawful dual citizens who retain Bangladeshi nationality

The British Bangladeshi Forum has sought constitutional and legal clarification from the Election Commission (EC) of Bangladesh on whether dual citizens, particularly British-Bangladeshis, are eligible to run for parliament.

In a memorandum to the Chief Election Commissioner AMM Nasir Uddin, the UK-based forum argued that the Constitution, subsequent amendments and existing citizenship laws support the eligibility of British-Bangladeshis who have retained Bangladeshi citizenship.

The push for clarification comes at a critical juncture as EC prepares for the Feb 12 general election, which will be the first in Bangladesh’s history to allow expatriates to vote via the newly introduced "Postal Vote BD" system.

The forum said the Constitution was approved in November 1972 in a specific post-Liberation War context, when Article 66(2)(c) was introduced to prevent individuals who had abandoned Bangladesh or sworn allegiance to Pakistan from entering parliament.

“At that time, dual citizenship did not exist in Bangladesh,” as per the memorandum, signed by Monwar Hossain, the forum’s convenor and a practising barrister of England.

It pointed out that citizenship policy began evolving almost immediately, with the promulgation of the Bangladesh Citizenship (Temporary Provisions) Order, 1972, in December that year, reflecting changing realities.

The forum cited the Bangladesh Citizenship (Second) Order, 1978, which established that acquiring foreign citizenship would not automatically revoke Bangladeshi citizenship and empowered the government to recognise lawful dual citizenship.

Under that authority, SRO No. 69 of 2008 included the United Kingdom among the designated countries, thereby recognising British-Bangladeshis as lawful dual citizens who retain Bangladeshi nationality, the memorandum said.

It also referred to Clause 66(2A), inserted through the 15th Amendment in 2010, which clarifies that Article 66 applies only in cases where Bangladeshi citizenship has actually been relinquished.

“Where citizenship was never surrendered, the constitutional disqualification is not engaged,” it read.

Addressing claims that lawmakers should not hold dual citizenship, the forum said such arguments do not withstand constitutional scrutiny.

It noted that the Constitution does not bar dual citizens from holding judicial office, including posts in the High Court Division, the Appellate Division and the office of the chief justice, despite judges shaping the law through binding precedent.

The forum maintained that British-Bangladeshis have neither relinquished Bangladeshi citizenship nor transferred allegiance away from Bangladesh.

Denying them eligibility to seek parliamentary office, it said, would therefore conflict with constitutional intent, statutory law and democratic principles.

The memorandum urged the EC to adopt a “clear” constitutional interpretation confirming that British-Bangladeshis who retain Bangladeshi citizenship are eligible to seek parliamentary office.